County's motion to quash fed subpoenas praised by growers

A growers' association on Monday lauded as "a courageous move" the county of Mendocino's filing of a motion to quash subpoenas from a federal grand jury for records the county keeps on its medical marijuana ordinance, Chapter 9.31 of the Mendocino County Code.

The motion, filed in the Northern District Court in San Francisco, argues that "the scope of the subpoenas is overbroad and burdensome, oppressive and constitutes an improper intrusion into the ability of the state and local government to administer programs for the health and welfare of their residents," Mendocino County Counsel Tom Parker wrote in a Dec. 21 statement.

The Emerald Grower's Association (EGA) and other cannabis activism groups, including CalNORML and others, had urged the Mendocino County Board of Supervisors to file the motion and "quickly lent the support of their legal advisors and community action teams," according to the Monday statement from EGA.

The subpoenas were issued Oct. 23 by the U.S. Attorney's Northern District Office, and were delivered to Auditor-Controller Meredith Ford, Sheriff Tom Allman, Sheriff's Office Financial Manager Norman Thurston, Sheriff's Capt. Randy Johnson -- who oversaw the county's erstwhile medical marijuana garden inspection program -- and the "custodian of records."

"This action is yet another example of the egregious misuse of federal funds by U.S. Attorney Melinda Haag," EGA Executive Director Kristin Nevedal said in a prepared statement. "Federal pressure has cost the county hundreds of thousands in lost revenue from the sheriff's zip tie program. In addition, the Board of Supervisors found it necessary to expend funds to hire outside counsel with the kind of expertise needed to handle these issues. The continued waste of taxpayers' money to attempt to prosecute those who are trying to abide by the law is an outrage."

The subpoenas ask for "any and all records" for the county's medical marijuana cultivation ordinance from Jan. 1, 2010 to the present, including all types of communication regarding 9.31, including with third-party garden inspectors and the Mendocino County Board of Supervisors.

County officials have said that the U.S. Attorney's Office hasn't made it clear why it wants the information.

The Board of Supervisors announced Dec. 11 that it had hired San Francisco attorney William Osterhoudt to help represent the county regarding the subpoenas.

Starting in June 2010, the Mendocino County Sheriff's Office issued permits to medical marijuana collectives that wanted to grow up to 99 plants, an exemption from the county's limit of 25 plants per parcel.

The county permitted 91 collectives in 2011 alone, Sheriff Tom Allman said previously. The county stopped issuing permits in March of this year after the U.S. Attorney's Office threatened to file an injunction against the county's medical marijuana cultivation ordinance and seek legal action against county officials who supported it.

Growers can still buy zip ties from the MCSO for $25 apiece to affix to plants to show they are grown in compliance with state law.

Proceeds from the popular permitting program, along with zip-tie sales and other marijuana-related revenue had mounted to more than $1 million by January of this year.